After the death of the heir, the assets left behind are shared between the legal and appointed heirs in the form of joint ownership. However, this partnership often does not offer a long-term solution. Disputes may arise between the partners, and the actual use or utilization of the property may become difficult. In such cases, the legal remedy is a lawsuit for the elimination of the inheritance partnership, i.e. izale-i şuyu.
What is Inheritance Partnership and Joint Ownership?
Inherited property is treated as joint ownership until it is shared by the heirs. During this period, no heir can make transactions such as sale, donation or lease alone. Unless there is a division of property, there is an obligation to dispose of the property together.
If there is a dispute between the heirs or if there is no consensus on sharing, a lawsuit is filed to terminate the partnership.
What is an Izale-i Shuyu Lawsuit?
İzale-i şuyu literally means “elimination of partnership”. In this case, an immovable property or assets that are common among the heirs are shared by a court decision, or sold and the proceeds distributed to the shareholders.
This action is not a right exclusive to heirs. It can be filed by any of the partners for any property subject to shared ownership. However, in inheritance law, it is one of the most common types of lawsuits, especially in disputes between siblings.
How to file a lawsuit for the elimination of inheritance partnership?
The heir who wants to file an Izale-i şuyu lawsuit should follow these steps:
Determination of the Competent and Authorized Court
This lawsuit is filed in the Civil Court of Peace. The court where the immovable property subject to the lawsuit is located is authorized. If there is more than one immovable property, a lawsuit can be filed in the location of any one of them.
Case Petition Prepared
The following elements should be clearly stated in the petition:
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Details of the person leaving the inheritance,
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Identity and address information of the plaintiff and defendant heirs,
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Detailed description of the immovable property or properties subject to the partnership (address, title deed, value, etc.),
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How the partnership is to be resolved (actual sharing or sale?).
At this point, as a law firm, we provide comprehensive support to our clients during the petition preparation process and ensure that the process progresses quickly.
The lawsuit is filed and the parties are notified
After the petition is submitted to the court, notices are sent to the other heirs (defendants). The parties present their defenses and make their statements at the hearings.
How to Eliminate Partnership?
The court examines whether the partnership can be resolved by actual partition. This means dividing the property and giving it to the shareholders separately. However, in most cases, especially in the case of immovable property, this is not possible. In this case, the court decides to dissolve the partnership by sale.
Sales Process:
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The court applies to the enforcement office for the sale.
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The real estate is sold by auction.
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The proceeds are distributed to the heirs according to their share ratios.
Things to be Considered in Izale-i Şuyu Lawsuit
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The economic value ofthe property and whether it canactually be divided directly affect the outcome of the case.
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If there is a compromise between the parties, a pre-litigation division can be made. However, this is not always possible.
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The costs of the lawsuit and the fees arising from the sale shall be borne by the parties in proportion to their shares.
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In a sale, one of the parties can buy the real estate. It is possible to buy the property in one’s own name in competition with other heirs.
Since the legal process can be complex and emotional, getting professional support in these cases prevents loss of rights. We offer effective solutions to ensure that our clients go through this process with minimal stress.
İzale-i şuyu lawsuit is an effective legal remedy, especially in cases where there are many heirs and consensus cannot be reached. It is an important tool to permanently resolve disputes between heirs and to share property while preserving its economic value.
Contact Us
An inheritance settlement (izale-i şuyu) case can be a sensitive process both financially and emotionally. In this process, it is of great importance to get professional support to avoid loss of rights, to ensure a fair share and to carry out the legal procedures correctly.
As Attorney Atakan Ayhan, we provide comprehensive consultancy and litigation services to our clients in inheritance division and dissolution of partnership cases.
You can contact us for detailed information and legal support.
